DA may reopen case involving Appleton principal

Prior charges against Richard Waters were dismissed

Jan. 18, 2013

Berglund

Written by

Jim Collar

Post-Crescent staff writer

Quick read: What we knew: Richard Waters, principal of Appleton’s Janet Berry Elementary School, was charged with obstructing police in 2011 in connection to a child abuse investigation involving a teacher of the school. A judge in December 2011 dismissed the charge, finding the criminal complaint didn’t contain sufficient facts to suggest he intended to deceive police. Mary Berglund, a former special education teacher, was convicted of five misdemeanor battery charges later that month and was sentenced to probation.

The latest: Appleton police re-opened its investigation into Waters’ handling of the matter after an educational assistant came forward with concerns about Berglund’s treatment of special-needs students.

What’s next: Len Kachinsky, attorney for Waters, said Calumet County District Attorney Nicholas Bolz is reviewing the matter. Bolz will decide whether to bring criminal charges against Waters for a second time.

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APPLETON — Authorities are taking another look into whether an Appleton principal’s response to reports of classroom child abuse in 2011 rose to the level of a crime.

Richard J. Waters, principal of Janet Berry Elementary School, was charged in 2011 with obstructing police during the investigation into former special education teacher Mary Berglund. The charge was dismissed by a judge.

The renewed investigation came to light after the Appleton Police Department denied a Post-Crescent request earlier this month for reports pertaining to the handling of the abuse case at Janet Berry. Police indicated in the denial letter that the case “has since been re-opened for further investigation” and that records were denied “to prevent prejudice to this ongoing investigation.”

Police sought charges against two school officials in 2011, claiming that delayed reporting and inconsistencies hampered their investigation into the abusive treatment of students by Berglund.

Police sought charges in 2011 against Waters and Yvette Dunlap, a former assistant superintendent in the Appleton Area School District, for failure to report child abuse as a mandatory reporter.

Former Calumet County District Attorney Jerilyn Dietz declined to charge Dunlap, saying she eventually reported and took responsibility for a delay in coming forward about the abuse reports.

Len Kachinsky, attorney for Waters, said prosecutors made it clear when the case was dismissed in December 2011 that the investigation would eventually resume. Nicholas Bolz, who was elected Calumet County district attorney last November, is reviewing the case, according to Kachinsky.

“I expect he’ll make a decision within a week or so,” Kachinsky said.

Bolz couldn’t be reached for comment.

Gregory Gill Sr., Dunlap’s attorney, said he has no reason to think Bolz will file charges against his client. Dunlap is retired from the school district.

The investigation began in January 2011 after an educational assistant provided documentation of Berglund’s “rough” treatment of students to school officials. The criminal complaint against Berglund listed a number of instances in 2009 and in January 2011 in which Berglund became physical with disabled students.

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In one incident, Berglund laid across a 9-year-old child, grabbed his throat and pushed his head back. In others, police say Berglund grabbed children by their heads and necks and forced them to put their heads down during “time out” punishments, the complaint says.

Police said Waters provided statements inconsistent with another witness during the investigation and altered a document before providing it to investigators. They contend Waters violated Wisconsin’s mandatory reporting law by notifying district officials instead of authorities.

Sheboygan County Judge Timothy Van Akkeren dismissed the obstruction charge, finding the criminal complaint failed to support a claim that Waters intended to deceive police.

Waters told police on Feb. 4, 2011, that he received a call from another principal regarding the educational assistant’s concerns about Berglund. Waters told police the principal refused to provide details. But the other principal told police she relayed at least two specific examples of the abusive classroom behaviors, according to Waters’ 2011 criminal complaint.

The complaint also referenced a letter the paraprofessional gave to Waters. The woman told police the letter was dated Jan. 10, 2011, in the upper-right portion, and its opening sentence asked what she was supposed to do “if Mary does something to the kids this week,” the complaint stated.

The copy of the handwritten letter Waters provided to police had the date written in the upper-left margin and didn’t include that opening sentence. He later provided police with an original copy.

Police say Waters complicated their efforts. “I went on to tell Rick that I felt that the way the Appleton Area School District handled this case directly impacted my investigation,” Sgt. Polly Olson wrote in a report.

Berglund received a three-year probationary term last year after pleading no contest to five misdemeanor battery charges. She was given a deferred prosecution agreement on a felony charge of child abuse.

The families of six of Berglund’s former students filed a civil lawsuit in February in U.S. District Court against the school district, Berglund, Waters and Superintendent Lee Allinger. The federal lawsuit seeks damages for physical abuse on the part of Berglund, “which the other defendants failed to stop.”

One of six families involved in the lawsuit recently reached a settlement with the school district.

Jason Abraham, the attorney for the family, declined to discuss its terms. Don Hietpas, chief financial officer for the Appleton Area School District, also declined to detail the agreement.

The case would go to trial in September if the remaining five families fail to settle.